DECLARATION OF RIGHTS. 65

A deed to Samuel Corkran et al., trustees, and their successors, of a lot of land
in trust for a place of worship not sanctioned by the legislature, as required by this
article, held void. Title good by adverse possession. Mills v. Trustees of Zion
Chapel, 119 Md. 513; Trustees of Zion Church v. Hilken, 84 Md. 171; Gump v.
Sibley, 79 Md. 169; Dickerson v. Kirk, 105 Md. 639; Regents of University of
Maryland v. Trustees of Calvary Church, 104 Md. 640.

Where a deed of land in trust for a religious sect does not express that it is " for
a church, meeting-house or other house of worship and for a burying ground " and
does not declare that the land "shall be improved, enjoyed or used only for such
purposes " and no assent of the legislature thereto has been given, it is void under
this article. Grove v. Trustees of the Disciples, 33 Md. 454; Regents of University
of Maryland v. Trustees of Calvary Church, 104 Md. 638. Cf. Gump v. Sibley,
79 Md. 169.

This article referred to as showing that the Constitution recognizes the distinction
between a " gift, " a " sale " and a ''devise. " The sanction of the legislature to a
gift does not embrace a power to take by will. Brown v. Thompkins, 49 Md. 431.
And see Snowden v. Crown Cork Co., 114 Md. 662.

A legacy intended for the benefit of Saint Ignatius Church, Baltimore, and not for
educational purposes, held to require the sanction of the legislature under this
article. Gardner v. McNeal, 117 Md. 33.

Certain devises and bequests held to require the sanction of the legislature under
this article. Halsey v. The Convention, etc., 75 Md. 283.

As to religious corporations, see art. 23, sec. 274, et seq. An. Code.

Art. 39. That the manner of administering the oath or affirmation to
any person ought to be such as those of the religions persuasion, profession,
or denomination, of which he is a member, generally esteem the most
effectual confirmation by the attestation of the Divine Being.

Art. 40. That the liberty of the press ought to be inviolably preserved;
that every citizen of the State ought to be allowed to speak, write and.
publish his sentiments on all subjects, being responsible for the abuse of
that privilege.

The liberty of the press guaranteed by this article is a right belonging to every-
one to publish whatever he pleases without the interference of the government, he
being alone responsible for the abuse of the privilege. The proprietor of a news-
paper is not exempt from liability for libel. Distinction between fair and legiti-
mate discussion of the conduct of a public man and the imputation of corrupt
motives. Action of libel; malice. Negley v. Farrow, 60 Md. 176.

This article referred to in discussing the jurisdiction of the chancellor over
infants. Corrie's case, 2 Bl. 503.
See art. 35, sec. 2, of the An. Code.

Art. 41. That monopolies are odious, contrary to the spirit of a free
government and the principles of commerce, and ought not to be suffered.
To constitute a monopoly there must be a grant by the state to one or several
of a sole right, that is, a right to the exclusion of all others. Art. 27, sec. 156, pro-
hibiting the sale or manufacture of oleomargarine, held valid. Wright v. State,
88 Md. 443.

Act 1868, ch. 187, incorporating the Broadway, etc., Ferry Company, and au-
thorizing it to use a certain wharf in common with others, held not to violate this
article. Broadway, etc., Ferry Co. v. Hankey, 31 Md. 349.

Art. 42. That no title of nobility or hereditary honors ought to be
granted in this State.

Art. 43. That the Legislature ought to encourage the diffusion of
knowledge and virtue, the extension of a judicious system of general edu-
cation, the promotion of literature, the arts, sciences, agriculture, com-
4